Delhi

East Delhi

CC/704/2013

OCS FRIENDS HOUSING - Complainant(s)

Versus

U.I.I. - Opp.Party(s)

02 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 704/13

 

OCS Frients Co-operative Group Housing Society Ltd.

19, Mayur Vihar, Phase – I Extn.

Delhi – 110 091

Through its Secretary                                                 ….Complainant

Vs.    

1. United India Insurance Company Ltd.

F-19-20, Pandav Nagar, Patparganj

Mayur Vihar Phase – I

New Delhi – 110 091

 

2. Dy. General Manager

United India Insurance Company Ltd.

Delhi Regionsl office at 2 Core No. 1, 2^nd Floor

Scope Minar Complex, Laxmi Nagar, Delhi-92

 

3. Chairman-cum-Managing Director

United India Insurance Company Ltd.

Head Office: United India House

24, Whites Road, Chennai – 600 014                               …Opponents

 

Date of Institution: 14.08.2013

Judgement Reserved on: 02.05.2018

Judgement Passed on: 07.05.2018

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

            This complaint has been filed by OCS Friends Co-operative Group Housing Society Ltd. against United India Insurance Company Ltd. (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.         The facts in brief are that the complainant was a housing society registered under Delhi Co-operative Society Act, 1972.  The complainant got a policy (Standard Fire and Special Perils Policy) issued from United India Insurance Company Ltd. (OP) for a sum of Rs. 13,91,22,000/- vide policy no. 221504/11/11/11/00000026.  The premium for the said policy was Rs. 42,891/- per year and the period of insurance was from 11.55 hrs. of 20.05.2011 to midnight of 19.05.2012. 

          It was stated that an earthquake, occurred on 05.03.2012 at 1.11 p.m., caused huge loss to the housing society building and the loss was being recoverable under the terms of the insurance policy.  The complainant informed the OP on phone and was assured that their executive will come to the complainant for proper verification, but no one came to the complainant. 

          It was further stated that the complainant wrote letters to OP on 08.05.2012 and 21.05.2012 vide letter no. OCS/FCGH/2012 and OCS/FCGS/Ins/2012 respectively regarding the loss alongwith estimated expenditure for the damages, as assessed by the complainant’s contractor Thakhurdas Building Contractor.  OP appointed its own surveyor M/s. Tarani Insurance Surveyor ORS Pvt. Ltd. to survey and assesses the loss.  The surveyor asked the complainant for some documents and information which was provided by the complainant. 

          On receiving the repudiation letter dated 06.08.2012 from OP, the complainant sent an objection letter on 25.09.2012 and further reminder on 10.12.2012 which were never replied.

          The complainant sent a legal notice dated 26.04.2013 to OP, which was also not replied.  Hence, the complainant has prayed for direction to OP to pay Rs. 1,93,500/- towards the amount of loss incurred in earthquake with interest @ 18% p.a. from 05.03.32012 and compensation of Rs. 2,00,000/-.

3.         In the written statement, filed on behalf of United India Insurance Co. Ltd. (OP), they have taken various pleas.  They have stated that as the damages occurred to the building on 05.03.2012 while the intimation to OP was given on 28.05.2012, after a delay of 83 days. 

            It was stated that as per general condition no. 6(1) of the policy, the loss or damage should have been intimated to the company within 15 days from the date of loss/damage to the building.

            It was also stated that complainant intimated to OP on 28.05.2012 and not on 08.05.2012. 

            It was further stated that reply to the legal notice was also sent on 15.06.2013.  Other facts have also been denied.      

4.         Rejoinder to the WS of OP was filed by the complainant where the contents of the WS have been denied and has reaffirmed the averments of his complaint.

5.         The complainant has filed evidence by way of affidavit where       Shri Hari Ram Singal, Secretary of OCS Friends Co-operative Group Housing Society Ltd. has examined himself.  He has narrated the facts which have been stated in the complaint.   He has got exhibited documents such as photocopy of policy and the receipt of premium (Ex.CW-1/1 & 1/2), copy of news published in Hindustan Times (Ex.CW1/3), copy of letter alongwith expenditure of damages assessed by his contractor (Ex.CW1/4 & 1/5), copy of letter of surveyor (Ex.CW1/6), copy of filled claim form dated 25.06.2012 with covering letter  and statement of eyewitness stating the exact loss and circumstances (Ex.CW1/7 & 1/8), copy of repudiation letter (Ex.CW1/9), copy of letters dated 25.09.2012 and 10.12.2012 (Ex.CW1/10 & 1/11) and copy of legal notice and reminders (Ex.CW1/12).      

            In defence, United India Insurance Company Ltd. (OP) have examined Shri Y.R. Kanojia, Senior Divisional Manager of OP, who have deposed on affidavit.  He has also narrated the facts which have been stated in the written statement.  He has also got exhibited documents such as copy of terms and conditions of the policy (Ex.RW1/A) and survey and assessment report dated 31.07.2012 (Ex.RW1/B). 

6.         We have heard representative on behalf of OCS Friends Co-operative Group Housing Society Ltd. and Ld. Counsel for United India Insurance Company (OP).  It has been argued on behalf of United India Insurance Company (OP) that there was delay of 83 days in informing to United India Insurance Company (OP).  On the other hand, representative of complainant have stated that delay should not come in the way of repudiating the claim. 

            To appreciate the arguments of parties, a look has to be made to the testimony of Shri Hari Ram Singal, Secretary of OCS Friends Co-operative Group Housing Society Ltd. and Shri Y.R. Kanojia, Senior Divisional Manager of United India Insurance Company.  It has been stated in the testimony of Shri Hari Ram Singal, Secretary of OCS Friends Co-operative Group Housing Society Ltd. (complainant) that an earthquake occurred on 05.03.2012 and they informed to the United India Insurance Company (OP) on 08.05.2012 and further letter of dated 21.05.2012 for the loss caused , however, in the testimony of Shri Y.R. Kanojia, Senior Divisional Manager of United India Insurance Company, he has stated that intimation was given on 28.05.2012. 

            The complainant have placed on record the letter of dated 21.05.2012 giving the reference of their letter of dated 08.05.2012.  This letter of 21.05.2012 have been received by United India Insurance Company, however, there is no letter of dated 08.05.2012 to which the reference has been made in this letter.  When there has been no letter of dated 08.05.2012, the letter of 21.05.2012 has to be taken as the letter giving the first information which was received by the United India Insurance Company on 28.05.2012 and have been stated in the testimony of Shri Y.R. Kanojia, Senior Divisional Manager of OP.  Thus, the fact remains that the complainant have informed to the United India Insurance Company (OP) on 28.05.2012. 

            Though, the loss to the building occurred on 05.03.2012 due to earthquake, there has been a delay of 83 days which has not been explained in the testimony of complainant.  The law is well settled that if the delay in intimation has been explained by the complainant, the repudiation of claim will not be justified.  However, in the present case, complainant have not explained the delay which could have saved their claim from repudiation.  Therefore, there has been no deficiency on the part of United India Insurance Company (OP), thus the complaint deserve its dismissal and the same is dismissed.  There is no order as to cost.

          Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member    

 

            (SUKHDEV SINGH)

                   President